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WHAT DO THE POLICE AND PROSECUTORS HAVE TO PROVE TO CONVICT A PERSON OF A DUI RELATED TO DRUGS?
The key when it comes to drug related DUI offenses is for the police to be able to show that you were intoxicated on some sort of a foreign substance that you voluntarily took and it has affected your ability to drive a car to a level that you were not safe. Over the course of the last twenty five years I have seen drug related DUI’s rise significantly. People are even taking lawfully prescribed drugs and being arrested for DUI of drugs. This is a perfectly lawful arrest because the law is clear that if you take an intoxicate and it effects your ability to drive, you can be charged with a DUI. If you have been accused of driving under the influence of drugs (DUID), call a Los Angeles DUI drugs attorney at our law firm to review the details of your case.
Under certain circumstances, a Los Angeles DUI lawyer can argue that the person did not know that what they took would have this type of effect on them or that they did not intentionally take anything, but instead the intoxicant was unknowingly given to them. These type of DUI defenses rely on reasonableness and common sense. Obviously having an experienced Los Angeles DUI attorney who has defended people who have taken drugs and been arrested and had success is crucial. DUI defense and how it is handled in the courts is set up to be fair, but in order to take advantage of the law you must have a skilled DUI lawyer who can take control of things and make them happen for you!
If it can be shown that a person charged with a DUI took a prescription drug and they were not abusing the drug, then the prosecutors are usually much more reasonable when it comes to these type of offenses. There are lessor charges and lessor punishments available to the right DUI candidate who has a Los Angeles DUI attorney that is there to press their rights and get their story to the prosecutor and judge in such a way that they realize they are dealing with a good person who made a mistake. Your DUI lawyer is your voice and you should meet face to face with them to make sure you are comfortable with their abilities and presentation.
If, on the other hand, you were under the influence of a drug like cocaine, methamphetamine, heroin or something similar, then the prosecutors and judge are going to view you as a danger to the public and frankly to yourself. In order to turn the tide on this type of offense, we will need character letters and have to be able to argue that your conduct behind the wheel was not of a dangerous level that warrants jail and other harsh punishments. All of these cases spin on their own facts and must be defended in such a way that makes sense to the person and their circumstances. Each DUI drugs case has its own set of unique circumstances. You should contact a Los Angeles DUI drugs lawyer at our office to review thew details of your case in order to determine an effective strategy to defend you.
When I meet with clients, it is with an aim towards flushing out all of the mitigating factors that relate to their DUI and their life. Once we have everything out on the table and we know what we are up against, then we can design the plan that works best for you and let you know what you can do to help us, help you. It is my experience that once the client knows what they are up against and what they can do to assist themselves, then there is a sense of calmness and control that returns to them. In my opinion, this is part of your DUI defense attorneys job in making your DUI case as painless and easy as possible.
DUI arrests do not only involve alcohol but can also involve drugs. Our Los Angeles DUI Defense lawyers have handled several DUI cases involving drugs and have seen amazing results.
Driving under the influence of drugs does not only involve the obvious such as cocaine, marijuana, or any other illegal controlled substance but also includes prescribed medication drugs and even over the counter medicines. The fact of the matter is, if your driving was impaired due to any drug in your system, you will face DUID charges.
If police suspect that drugs have impaired your driving, they have to have you go through a blood test and/or urine test and contact Drug Recognition Experts so that they can determine if the drugs actually impaired your driving.
Driving under the influence of drug arrests are solely based on the officer’s observations and field sobriety tests since no breathalyzer test can be given to test drug intake. These tests are less scientific and therefore can be challenged and opposed by the right Los Angeles DUI attorney.
If you are facing these DUI and drug related charges, contact the Hedding Law Firm, set up a free consultation, and we will discuss with you all your available options and applicable defenses.